Court No. - 12
Case :- APPLICATION U/S 482 No. - 42361 of 2018 Applicant :- Midhai Lal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 02.08.2018 passed by Additional Chief Judicial Magistrate, Chhibramau as well as entire criminal proceedings of Complaint Case No. 2314 of 2017 (Praveen Kumar Vs. Midhai Lal and another), under Sections 323, 504 I.P.C., Police Station Saurikh,District Kannauj, pending in the court of Additional Chief Judicial Magistrate, Chhibramau, Kannauj.
It is submitted by learned counsel for the applicants that wife of the complainant has filed an application under Section 125 Cr.P.C. on 17.5.2017 and as a counterblast, Praveen Kumar husband has filed the present complaint before the A.C.J.M., Chhibramau, Kannauj on 29.8.2017 against all the family members and one family friend except his wife. It is further submitted that the A.C.J.M., Chhibramau, Kannauj passed summoning order dated 2.8.2018 against the applicants. It is next submitted that the learned A.C.J.M., Chhibramau, Kannauj without considering the relevant material and without any evidence passed the summoning order against the applicants.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the summoning order and entire criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicants to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicants to appear before the court below through counsel to move discharge application within one month from today.
This application is disposed of with a direction to the court below that in case the applicants appear before the court below through counsel within one month from today and move a discharge application, the same shall be considered and decided in accordance with law within next three months. Till the disposal of discharge application, no coercive action shall be taken against the applicant.
It is made clear that in case the applicants do not appear before the court below within the aforesaid period, no further time shall be given to them.
Order Date :- 28.11.2018 Rmk.